Crofting and Scottish Land Court Bill: business and regulatory impact assessment
An assessment of the implications for business of proposed changes to regulatory arrangements contained in the Crofting and Scottish Land Court Bill.
Section 2: Engagement and information gathering
Engagement approach
Crofting
81. In early 2022, the Scottish Government confirmed its intention to take forward crofting law reform, and in May 2022, officials reinstated the Crofting Bill Group, which comprises a wide range of stakeholders:
- Crofting Commission
- Highlands & Islands Enterprise
- Scottish Crofting Federation
- National Farmers Union Scotland
- NatureScot
- Law Society of Scotland
- Scottish Land Court
- Scottish Land & Estates
- Registers of Scotland
- Highlands and Islands Agricultural Support Group - Shetland Islands Council
- Crofting Solicitors
82. There was also an open invitation to COSLA and members of the Crofting Commission Board to attend the Group, and they have been sighted on all discussion papers and minutes of meetings. A number of the representatives on the Group were also crofters themselves.
83. Since June 2022, the Crofting Bill Group has held 19 meetings and discussed a range of proposals for crofting law reform, ranging from technical adjustments to significant improvements to the system. Regular updates and discussions on the progress of the work have also been undertaken with the Crofting Stakeholder Forum and the Cross-Party Group on Crofting. Scottish Government officials also attended Crofting Commission Board meetings and engaged regularly with Commission staff to draw upon their expertise. Further bilateral engagement was undertaken with a number of other stakeholders including the Scottish Crofting Federation.
84. Some of the key documents drawn upon during the policy making process as sources of evidence were the:
85. This stakeholder engagement was critical in working through proposals and possible solutions, and the individual and collective contributions helped form the basis for the consultation. This work culminated in the publication of the 'Crofting Consultation 2024 - Proposals for Crofting Law Reform', which ran from June to September 2024. A consensus had been reached by the Crofting Bill Group on most of the proposals included in the consultation.
86. During the consultation period, officials from the Crofting Bill and Policy Team hosted 15 in-person events throughout the crofting counties, which were attended by 257 people, the majority of whom were crofters. The consultation itself received 163 responses, of which 136 (83%) were from individuals and 27 (17%) were organisational responses.
87. An independent impartial analysis of the responses, including the points made at the 15 consultation events, was commissioned by the Scottish Government and was published on 15 November 2024. The findings were presented to the Crofting Bill Group (with Crofting Stakeholder Forum members invited), Crofting Commission Board, and at the Cross-Party Group on Crofting in December 2024.
88. Engagement with key stakeholders including the Scottish Crofting Federation, NFUS and the Crofting Commission continued in the first quarter of 2025, both bilaterally and in roundtable discussions with Bill Team officials, and on one occasion with the Minister for Agriculture and Connectivity. The Minister also held a number of in-person meetings with small groups of crofters during a visit to the islands of Lewis, Harris and Skye, which all have sizable crofting communities. A key outcome from this further engagement with crofters and stakeholders has been the decision to replace the original proposal on reform of the assignation process, with measures to introduce a fast-track system for within family assignations.
89. The development of all the proposals has benefitted greatly from the collective ideas of many people with expertise and knowledge on crofting, from those crofters who work their land to those responsible for the sector's administration.
Scottish Land Court
90. In addition to the public consultation, the Scottish Government has engaged, and will continue to engage, with SCTS, Judicial Office, and the Chair of the Land Court/President of the Lands Tribunal, along with the President of the Scottish Tribunals. SCTS has substantial experience in the delivery of new IT solutions, court reforms and legislative implementation and have provided estimated financial and resource impacts based on similar work.
91. Formal engagement with the Lord President will be undertaken throughout the parliamentary passage of the Bill.
92. Monitoring and review of the effectiveness of the transfer will be carried out through ongoing regular meetings with officials from SCTS and Judicial Office. Targeted consultation with the key user groups including the crofting and agricultural communities and the Crofting commission will be undertaken.
93. Any future expansion of the jurisdiction of the court would be subject to further formal consultations.
Contact
Email: DLENVPCP@gov.scot